TITLE 21 - FOOD AND DRUGS
CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL
SUBCHAPTER I - CONTROL AND ENFORCEMENT
Part D - Offenses and Penalties

HEAD

Sec. 844. Penalties for simple possession

STATUTE

(a) Unlawful acts; penalties
It shall be unlawful for any person knowingly or intentionally to
possess a controlled substance unless such substance was obtained
directly, or pursuant to a valid prescription or order, from a
practitioner, while acting in the course of his professional
practice, or except as otherwise authorized by this subchapter or
subchapter II of this chapter. It shall be unlawful for any person
knowingly or intentionally to possess any list I chemical obtained
pursuant to or under authority of a registration issued to that
person under section 823 of this title or section 958 of this title
if that registration has been revoked or suspended, if that
registration has expired, or if the registrant has ceased to do
business in the manner contemplated by his registration. It shall
be unlawful for any person to knowingly or intentionally purchase
at retail during a 30 day period more than 9 grams of ephedrine
base, pseudoephedrine base, or phenylpropanolamine base in a
scheduled listed chemical product, except that, of such 9 grams,
not more than 7.5 grams may be imported by means of shipping
through any private or commercial carrier or the Postal Service.
Any person who violates this subsection may be sentenced to a term
of imprisonment of not more than 1 year, and shall be fined a
minimum of $1,000, or both, except that if he commits such offense
after a prior conviction under this subchapter or subchapter II of
this chapter, or a prior conviction for any drug, narcotic, or
chemical offense chargeable under the law of any State, has become
final, he shall be sentenced to a term of imprisonment for not less
than 15 days but not more than 2 years, and shall be fined a
minimum of $2,500, except, further, that if he commits such offense
after two or more prior convictions under this subchapter or
subchapter II of this chapter, or two or more prior convictions for
any drug, narcotic, or chemical offense chargeable under the law of
any State, or a combination of two or more such offenses have
become final, he shall be sentenced to a term of imprisonment for
not less than 90 days but not more than 3 years, and shall be fined
a minimum of $5,000. Notwithstanding the preceding sentence, a
person convicted under this subsection for the possession of a
mixture or substance which contains cocaine base shall be
imprisoned not less than 5 years and not more than 20 years, and
fined a minimum of $1,000, if the conviction is a first conviction
under this subsection and the amount of the mixture or substance
exceeds 5 grams, if the conviction is after a prior conviction for
the possession of such a mixture or substance under this subsection
becomes final and the amount of the mixture or substance exceeds 3
grams, or if the conviction is after 2 or more prior convictions
for the possession of such a mixture or substance under this
subsection become final and the amount of the mixture or substance
exceeds 1 gram. Notwithstanding any penalty provided in this
subsection, any person convicted under this subsection for the
possession of flunitrazepam shall be imprisoned for not more than 3
years, shall be fined as otherwise provided in this section, or
both. The imposition or execution of a minimum sentence required to
be imposed under this subsection shall not be suspended or
deferred. Further, upon conviction, a person who violates this
subsection shall be fined the reasonable costs of the investigation
and prosecution of the offense, including the costs of prosecution
of an offense as defined in sections 1918 and 1920 of title 28,
except that this sentence shall not apply and a fine under this
section need not be imposed if the court determines under the
provision of title 18 that the defendant lacks the ability to pay.
(b) Repealed. Pub. L. 98-473, title II, Sec. 219(a), Oct. 12, 1984,
98 Stat. 2027
(c) "Drug, narcotic, or chemical offense" defined
As used in this section, the term "drug, narcotic, or chemical
offense" means any offense which proscribes the possession,
distribution, manufacture, cultivation, sale, transfer, or the
attempt or conspiracy to possess, distribute, manufacture,
cultivate, sell or transfer any substance the possession of which
is prohibited under this subchapter.

2006 - Subsec. (a). Pub. L. 109-177 inserted after second
sentence "It shall be unlawful for any person to knowingly or
intentionally purchase at retail during a 30 day period more than 9
grams of ephedrine base, pseudoephedrine base, or
phenylpropanolamine base in a scheduled listed chemical product,
except that, of such 9 grams, not more than 7.5 grams may be
imported by means of shipping through any private or commercial
carrier or the Postal Service."
1996 - Subsec. (a). Pub. L. 104-305 inserted "Notwithstanding any
penalty provided in this subsection, any person convicted under
this subsection for the possession of flunitrazepam shall be
imprisoned for not more than 3 years, shall be fined as otherwise
provided in this section, or both." after "mixture or substance
exceeds 1 gram."
Pub. L. 104-237, Sec. 201(a)(1), inserted after first sentence
"It shall be unlawful for any person knowingly or intentionally to
possess any list I chemical obtained pursuant to or under authority
of a registration issued to that person under section 823 of this
title or section 958 of this title if that registration has been
revoked or suspended, if that registration has expired, or if the
registrant has ceased to do business in the manner contemplated by
his registration." and substituted "drug, narcotic, or chemical"
for "drug or narcotic" in two places.
Subsec. (c). Pub. L. 104-237, Sec. 201(a)(2), substituted "drug,
narcotic, or chemical" for "drug or narcotic".
1990 - Subsec. (a). Pub. L. 101-647, Sec. 1907, inserted subsec.
(a) designation.
Pub. L. 101-647, Sec. 1201, substituted "shall be imprisoned not
less than 5 years and not more than 20 years, and fined a minimum
of $1,000" for "shall be fined under title 18 or imprisoned not
less than 5 years and not more than 20 years, or both".
1988 - Subsec. (a). Pub. L. 100-690, Sec. 6480(1)(A)-(C), struck
out "but not more than $5,000" after "$1,000", "but not more than
$10,000" after "$2,500", and "but not more than $25,000" after
"$5,000" in second sentence.
Pub. L. 100-690, Sec. 6371, inserted provisions relating to
increased penalties in cases of certain serious crack possession
offenses, making offenders subject to fines under title 18 or
imprisonment to terms not less than 5 years nor more than 20 years,
or both.
1986 - Subsec. (a). Pub. L. 99-570 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: "It shall be
unlawful for any person knowingly or intentionally to possess a
controlled substance unless such substance was obtained directly,
or pursuant to a valid prescription or order, from a practitioner,
while acting in the course of his professional practice, or except
as otherwise authorized by this subchapter or subchapter II of this
chapter. Any person who violates this subsection shall be sentenced
to a term of imprisonment of not more than one year, a fine of not
more than $5,000, or both, except that if he commits such offense
after a prior conviction or convictions under this subsection have
become final, he shall be sentenced to a term of imprisonment of
not more than 2 years, a fine of not more than $10,000 or both."
Subsec. (b). Pub. L. 99-570, in amending subsec. (b) generally,
substituted "Upon the discharge of such person and dismissal of the
proceedings" for "Upon the dismissal of such person and discharge
of the proceedings" in par. (2).
Subsec. (c). Pub. L. 99-570, in amending section generally, added
subsec. (c).
1984 - Pub. L. 98-473 struck out subsec. (a) designation and
struck out subsec. (b) which related to probation before judgment
and expunging of records for first offense.
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109-177, title VII, Sec. 711(e)(2), Mar. 9, 2006, 120
Stat. 262, provided that: "The amendment made by paragraph (1)
[amending this section] applies on and after the expiration of the
30-day period beginning on the date of the enactment of this Act
[Mar. 9, 2006]."
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-473 effective Nov. 1, 1987, and
applicable only to offenses committed after the taking effect of
such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as
an Effective Date note under section 3551 of Title 18, Crimes and
Criminal Procedure.